특정경제범죄가중처벌등에관한법률위반(배임)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Defendant: The lower court’s imprisonment (one year and six months of imprisonment) on the Defendant of unreasonable sentencing is too unreasonable.
B. Prosecutor: The lower court’s sentence on the Defendant is too unjustifiable and unreasonable.
2. Determination of the amount of damage resulting from the instant crime is large to KRW 520 million, and the fact that the instant crime occurred and the damage recovery has not yet been made even after the lapse of the long time, etc., shall be considered as unfavorable circumstances to the Defendant.
However, up to the trial below, the defendant presented an attitude of denying the fact of some crime, but it appears that the defendant led to confession of all the facts of crime and attitude of breaking his mistake in depth. The defendant appears to have no personal benefits from the crime of this case. The prosecutor asserts that the facts of this case itself has no benefits from property to a third party, not the defendant, so it cannot be a favorable factor for sentencing. However, in case of property crime, whether the defendant has obtained the distribution of proceeds from the crime of this case or the acquisition of consideration for the crime is also a major factor to be considered in sentencing.
A majority of the victimized Company (830,000 shares, 55.5% of the shares, 1,494,000 shares, 830,00 shares, 55.5%) has made an affirmative effort to recover from damage in the trial and expressed the intent not to be punished against the Defendant, and the fact that there is no record of criminal punishment exceeding the same crime or fine against the Defendant, etc. shall be considered as a normal
In addition, the defendant's age, character and conduct, environment, motive and background leading up to the defendant to the crime of this case, circumstances after the crime, etc., and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court sentencing committee applicable to this case (one year to six years of imprisonment) (the decision of types of punishment).